MI Medical Marijuana Law Declared Unconstitutional

It’s been an uphill battle in Michigan to get some kind of agreement on just how marijuana will be handled legally. Partly, this stems from the way we enacted the law – by a direct vote of the people and without all the legislative details in place. The result is a statute that hasn’t been well thought through. The intent is fine, to give those patients who need marijuana a legal way to get it; but in practice, challenges have been ongoing.

Selective enforcement by different police agencies and local zoning prohibitions have made selling medical marijuana a risk, if profitable business. Now, with a ruling by a Midland County Judge, the whole law may be thrown out on US Constitutional grounds.

The case concerns a gentleman who was on probation with the usual restriction that he couldn’t take any illegal substances. Subsequently, he tested positive for marijuana and his probation was revoked. To mount a defense, the defendant showed a medical marijuana card and claimed he was using it for a legitimate medical purpose. And that’s when it gets interesting.

Michigan law contradicts itself in this area. The new law making medical marijuana legal states that no one can be prosecuted or treated any differently because they are using marijuana (when they have “the card”). The laws governing probation, on the other hand, hold that conditions can prohibit the use of illegal substances, including marijuana – with no mention of an exception. The judge is then left to sort out the mess.

Citing a conflict between State law and Federal law, Judge Jonathan E. Lauderbach, has to be found in favor of the Federal law under the Supremacy Clause of the US Constitution. His ruling will almost automatically move up in the court system and might even go as far as the Supreme Court. For now though, it’s just another example of how messed up our medical marijuana law is in Michigan.

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